Kill a cyclist-suspended sentence

[Mojoman]

Looks like you can really do whatever you want in this country with mimimal repercussions:

 

<P class=clr_left>Cape Town - A motorist who swerved his bakkie into a group of cyclists practising for a cycle tour, killing one of them, was given a suspended jail sentence by the Wynberg Regional Court on Thursday. Andries Zuiderma, 39, was sentenced to five years suspended for five years on a charge of culpable homicide (manslaughter).

 

He was also sentenced to three years house arrest.

 

Zuiderma was also fined R5 000 or nine months in jail for failing to stop after the crash in March 2006.

 

At the request of defence attorney William Booth, he was allowed to pay the fine off in monthly instalments of R1 000.

 

Magistrate Karel Meyer who suspended Zuiderma's driver's licence for nine months at the request of prosecutor Bantu Nyembezi.

 

Cyclist Jan-Hendrik Olivier, 39, of Johannesburg, who was in the Cape with his wife and family for the Cape Argus cycle tour, died in the crash.

 

Meyer said there was a national campaign to make motorists aware of cyclists on the road.

 

He said there was also an outcry against motorists who did not care about other road users, including cyclists.

 

Meyer said even if he had jailed Zuiderma, as the Olivier family had wanted, it would not bring Olivier back to life.

 

"You killed a husband and a father of a family in a hit and run incident that must have been most traumatic for those who survived. The death will be on the minds of the family for the rest of their lives," he told Zuiderma.

 

Meyer said Zuiderma could consider himself lucky that he had been acquitted on the charge of drunken driving

[Big H*]

There would have been a totally different sentence if the cyclist was a black man. Juju and his lynch mob would have been present at the court and Juju would have uttered some sort of slogan again.

[Sammajoor]

FARK, but don't pay your TV license and you go to jail for 10 years. Our legal system is seriously FLAWED

[andydude]

I don't really understand this. Am I correct in that it was proven that he swerved into them on purpose and that's why he was found guilty of culpable homicide?

 

This makes absolutely no sense to me.

 

And then the magistrate said that even if he had jailed Zuiderma, as the Olivier familiy wanted, it would not bring Olivier back to life - what rubbish; with that reasoning why do you send anybody to jail ever?! Law is there for justice and not to try and undo the past...

 

[Mighty Atom]

Definitely something seriously wrong with this. I was glacing through the local paper the other day and there appear to be no sense in some of the sentences given out by magistrates. The case I noticed for a prison term for someone who stole R102 worth of chocolate and cheese from the local Checkers. I don't know what the guy did in the past but that seems a bit harsh especially if you aren't jailed for killing someone.

[Hairy]

When I saw this on the news last night I was shocked to the core.

 

I have commuted for several years now and there have been many close calls from people speeding or talking on their cell phones. I have also has the unfortunate pleasure of being on the same stretch of road that many cyclist were killed on and they are still dying there till this day.

 

A good case in point would be my ride this morning. I am lit up light a Christmas tree with lights, reflective runners belts strapped around my bag, bright clothing and just after 7:30 am (Good light and visibility) this morning in the CBD I am riding around a traffic circle, sitting up-right arm continuously extended indicating my intention of turning right. Some cow in a corsa screems up next to me and then accelerates to cut in front of me so that she could turn left. Anticipating this I had to turn with her and just missed serious injury. After delivering a good dose of verbal abuse, all I got was a car speeding off with the driver waving sorry.

 

Accidents happen, but when accidents happen and one leaves the scene (Hit and Run) as in the case of the OP then there should be no limp wristed soft sentence given to the perpetrator.

 

Frankly I find the sentence a disgrace and the magistrates comments RE jailing the guilty party would not bring back the victim to be utter rubbish.

 

Hairy

[Mechanick]

It seems that the judges and attorneys in this country have no sense for the value of a life - may all those defending these type of idiots suffer the same pains and losses!

[Mojoman]

I agree that the magistrate is a disgrace. Pretty evident he has never had to cycle (or even walk!) on a public road.

Swerving to hit a cyclist is murder plain and stright. Just like aiming a firearm and pulling the trigger.

[Scooterza]

Anyone know details of this case? Seems ridiculous to me! If he did indeed INTENTIONALLY swerve into the cyclists, then I cannot understand how he got away with this.

 

However, I suspect it was considered culpable homocide because he was drunk, not because he intentionally swerved into them. (Not that this excuses what he did in any way!)

 

I do hope that a guy like this idiot has this on his conscience for the rest of his life because I know a widow of a cyclist killed whilst training for the argus and it has been 10 years - she is not over it and I don't think she will ever be over it. Hasn't remarried and there are pictures of her dead husband on every wall. Very sad but just shows how far the damage from these kinds of things goes - the driver that killed her husband effectively took most of her life as well.

Edited July 29, 2011 by Scooterza

[Tumbleweed]

It seems that the judges and attorneys in this country have no sense for the value of a life - may all those defending these type of idiots suffer the same pains and losses!

 

I wouldn't wish that even on my worst enemy.

[Puncher]

There would have been a totally different sentence if the cyclist was a black man. Juju and his lynch mob would have been present at the court and Juju would have uttered some sort of slogan again.

You need help.

[Guest Iron]

FARK, but don't pay your TV license and you go to jail for 10 years. Our legal system is seriously FLAWED

 

So if you kill the dude who comes to your house to ask for your tv licence then your sentence should be the same as the lowlife who killed a cyclist , damb this system is in a mess!!!

[Nettie R]

Definitely something seriously wrong with this. I was glacing through the local paper the other day and there appear to be no sense in some of the sentences given out by magistrates. The case I noticed for a prison term for someone who stole R102 worth of chocolate and cheese from the local Checkers. I don't know what the guy did in the past but that seems a bit harsh especially if you aren't jailed for killing someone.

the chocolate thief got 3 years jail, of which 2years were suspended.

But ja: steal R100 chocolates=1 year jail, Take a life= house arrest.

 

It's sad that so many criminals don't get caught, why doesn't the justice deal with those who get caught. There's something seriously wrong if prosecutors and police always battle to make drunk driving charges stick.

[brussel]

If it is any consolation I know his family well and his mother was disappointed that he did not get convicted of drunk driving.

I think it is sad that he did not get jail time too...

 

my prayers go out to his family at this time

[Abercrombie]

You need help.

 

Excuse me 'Puncher', but why does he 'need help' when he is expressing a very valid point?

[Puncher]

Excuse me 'Puncher', but why does he 'need help' when he is expressing a very valid point?

You are excused